W.P.(C)/2842/2025 of TARA SINGH Vs DELHI REGISTRAR OF CO OPERATIVE SOCIETIES & ORS. on 6 July 2026

O R D E R

% 06.07.2026

1. This hearing has been done through hybrid mode.

2. The present petition has been filed, inter alia, challenging the impugned order dated 28th January, 2025 passed by the Delhi Cooperative Tribunal (hereinafter ‘DCT’), by which the stay application filed by the Petitioner against arbitral award dated 19th April, 2021 was dismissed.

3. The subject appeal before the DCT filed by the Petitioner arises out of the impugned award dated 19th April, 2021 which was passed in a petition preferred by the Delhi State Taxi Operator's Co-Op Thrift Credit & Service Society Ltd. (hereinafter “the Society”), in respect of default in payment of a loan of Rs.8,00,000/-. As per the said award, the Principal Debtor and the Sureties were directed to repay the loans amount in the following terms:

“AWARD U/S 71 OF THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003 Delhi State Taxi Operator's Co-Op Thrift Credit & Service society Ltd. had filed a petition under Section 70 of the Delhi Co-operative Societies Act, 2003 against Sh Tara Singh S/o Sh.Sadhu Singh, Principal Debtor and his surety at SI.No.2 to 5 above for a recovery of Rs.3,84,153/- up-to 30-11-2019. The case has been referred to the undersigned for adjudication under Section 71 of the Delhi Co-operative Societies Act, 2003. As per the claim petition, Sh. Tara Singh Principal Debtor was granted a loan of Rs.8,00,000/- (Rupees eight lakh) by the claimant Society on 15-02- 2016 on the surety of Defendants at SI.No.2 to 5 above. The claim petition further states that the Principal Debtor has failed to pay back the loan as per the terms & conditions of the loan agreement/bond executed by him and his sureties. Various notices to pay back the loan are reported to have been issued to these Defendants by the claimant society. In exercise of the powers conferred on me as Registrar's Nominee, summons were sent to all the parties to appear before me on 08-04-2021. Mr Surmakh Singh, the authorized representative of the claimant society appeared and filed a statement of claim upto 31.03.2021. Mr. Tara Sing Principal Debtor also appeared alongwith his advocate Mr. A.K. Mishra who were supplied the statement of claim submitted by the claimant society. However the Principal debtor also demanded for the statement of account from the date of grant of loan. Representative of the society was directed to supply the same to the principal debtor. After the supply of statement of account by the society the defendants did not file any objection till date.

I, having considered the full facts of the case brought out before me and having heard the claimant society am convinced with the genuineness of the claim. I, therefore, pass the award as under. The Defendants are directed to pay jointly and severally to Delhi State Taxi Operator's Co-op T/ C & Service Society Ltd. the amount as follows:-

(i) Loan Balance Rs.3,26,620/-

(ii) Interest upto 31.03.2021 Rs.90,049/-

(iii) Penal interest Rs.10,967/-

(iii) Arbitration cost @ 7.50 %+Arb fee Rs.37,073/- Total : Rs.4,64,709/- (Rupees four lakh sixty four thousand seven hundred nine only) With further interest and penal interest @ 15+3% P.A. w.e.f. 01.04.2021, till realization in full. Given under my hand and seal on this 19th day of April, 2021.”

4. A perusal of the impugned order would show that the subject stay application filed by the Petitioner was considered by the DCT along with two other appeals arising out of default in repayment of loans granted by the Society. It is noted that each of the said three Appellants before the DCT had been granted loans for Rs. 8,00,000/- each. Further, the stay applications of all the Appellants, including the Petitioner, have been dismissed in view of the fact that the respective loan itself is not disputed and only about Rs.14,00,000/- was deposited out of the total amount of Rs. 35,00,000/- which was due.

5. Out of the said three appeals before the DCT, only the Appellant has approached this Court. The remaining two appeals are being heard by the

DCT.

6. Since the matter arises out of loans which have been admitted, this Court is not inclined to interfere with the present petition.

7. The DCT shall proceed in accordance with law and shall finally dispose of three appeals at the earliest. An endeavour shall be made by the DCT to adjudicate the appeals latest by 30th November, 2026.

8. The matters are stated to be listed before the DCT on 15th July, 2026.

9. The parties shall appear and make their submissions before the DCT.

10. The petition is disposed of in the above terms. The pending application is also disposed of. PRATHIBA M. SINGH, J. VIKAS MAHAJAN, J. JULY 6, 2026 aj/msh